Published On: Sun, Feb 24th, 2019

Merits of Indian argument on Kashmir

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Dr. Syed Nazir Gilani
Government in New Delhi has a strong contingent of Hindu Mahasabha members. This Militant Hindu organization, organised a Martyrs’ Day on 30 August 1947 in Delhi. A leaflet of the organization titled “Remember the 30th of August 1947”, advised its members as follows:
“When you have to observe ‘Martyrs’ Day’, the day should begin with the mass murder of Muslims, children and women alike. Forcible occupation of Muslim buildings should be your objective. Set fire to Muslim mohallas’ (quarter of the town) “but beware that fire does not spread to Hindu and Sikh localities”. (Source 228th Meeting of UN Security Council – Speech by Sir Zafrullah Khan 17 January 1948).All these years since 1947 Hindu Mahasabha has worked hard to sneak into Kashmir Valley. Its members are embedded in the Indian security forces stationed in Kashmir and the administration. It is currently engaged in brutal violence against Kashmiri Muslims in the Valley.

However, a blanket targeting of people of Kashmiri origin all over India is first of its kind in the history of India. The evidence of brutality committed against Kashmiris at work, in an educational institution, in business and on the street, available on the social media or reported in the press is sickening. We see a repeat of partition day’s hatred directed at Muslims, directed at Kashmiri Muslims in 2019. The extent of this hatred has crossed all previous records. Some restaurants and business establishments have put up notices, with an inscription, “Dogs are allowed and Kashmiris are not allowed”.

Government of India and its machinery are out to blame Kashmiris and Pakistan for the suicide attack on the CRPF personnel in Pulwama. We do sympathise with the families of the 40 security men killed in the suicide blast and do not subscribe to any violence.But at the same time our sympathy and condemnation are not the answer.

One would ask the Government of India that these security forces are at war with the people of Kashmir. They have gang raped women from the ages of 14 to 87 and have killed a generation of Kashmiris. They are using rape as a weapon of war and another lethal weapon the pellet gun to blind, disable or kill more. Amongst thousands of pellet gun victims, the youngest victim of this weapon has been an 18 month old girl. She shall carry a genuine sense of revenge.

Government of India is caught between a politics of communalism at home and a truck-load of international obligations accepted at the UN. It calls Kashmir as its integral part. The facts donot endorse this claim. India has agreed to have a free and fair UN supervised referendum in Kashmir. It has been duly cautioned by the UN Security Council, that the Government on the Indian side of Kashmir is not a representative government. There are two administrations on the Pakistani side of Kashmir.

The integral part claim has been rejected by the people and United Nations. Most recently the local Government facilitated by the Government of India has also rejected the Indian claim. A 9 member State Autonomy Committee constituted on 29 November 1996 published its report in July 2000. It has concluded that the State has never merged with the Union of India. The accession was provisional and conditional and on three subjects only. More so, India has surrendered this conditional and limited accession at the UN Security Council for a UN supervised vote.

Out of the five working groups set up on Kashmir by the Prime Minister of India in May 2006, one working group was set up to examine the “special status of Jammu and Kashmir within the Indian Union and methods of strengthening democracy, secularism and the rule of law in the state.” The former Chief Justice of India Justice A M Ahmadi, was made its chair. There was a hue of genuineness around the effort of setting up these five working groups. Firstly Jammu and Kashmir (Indian occupied) Chief Minister Ghulam Nabi Azad announced the heads of theseworking group after holding a series of meetings with almost all political parties and groups in the state. Secondly Government of Kashmir was to remain as the nodal point of coordination for these Working Groups.

Other four Working groups on “good governance”, “measures to improve conditions of the people of Jammu and Kashmir affected by militancy and schemes to rehabilitate all orphans and widows affected by insurgency”, “recommend measures to simplify procedures to facilitate travel across the Line of Control, increase goods traffic and expand people-to-people contact, including promotion of pilgrimage and group tourism” and “balanced economic development, employment generation, balanced regional and sub regional development, employment generation, within the state”, may have been set up with all the best intentions by Prime Minister Manmohan Sigh, but the Hindu Mahasabha mind-set embedded in Delhi administration used it as a means to consolidate its mischief in the Valley and frustrate any improvement on the political front and in the lives of the people of Kashmir.

Indian security forces have been profiling, killing, blinding, disabling, torturing, subjecting the man, woman and child to inhumane and degrading treatment, using rape as an instrument of punishment and committing war crimes in the State. All this and more has been documented by civil society and finally in a report by the United Nations. On the top of it and soon after Pulwama suicide incident Kashmiri Muslim has been flagged by Hindu Mahasabha, in Hindu majority Jammu and all over India for a revenge. State violence can’t have an exit ramp. It would be responsible for encouraging a culture of counter violence in the people. Indian claim on Kashmir has no merit and Indian efforts to blame militants and Pakistan, too have no merit. This blame game has passed its sell by date. India would have felt during Saudi Prince’s visit and during Pulwama debate at the UN Security Council that its propaganda stock has turned stale. It has lost its sting.

Earlier we were blaming the Indian security forces for doing an unprecedented wrong to the people and habitat of Kashmir. Now, it seems that majority of Indian fundamentalist Hindus have joined in to carry out the works listed in the pamphlet distributed by Hindu Mahasabha on 30 August 1947 in Delhi. The victim in 2019 is the Kashmiri Muslim.

The writer is the President of JKCHR — NGO in Special Consultative Status with the United Nations. He is on UN Register as an Expert in Peace Keeping, Humanitarian Operations and Election Monitoring Missions. He has represented unrepresented peoples and nations at the Vienna UN World Conference on the Human Rights.


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